Rules

PROPOSED RULES

At its October 4, 2018, meeting, the Texas Ethics Commission voted to propose the following new or amended rules: §§ 12.35, 26.1, 34.77 and 50.1. The text of the new and amended rules is located below.

The Commission invites public comment on the proposals. A written statement should be emailed to public_comment@ethics.state.tx.us, or mailed or delivered to Seana Willing, Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711-2070, or sent by facsimile (FAX) to (512) 463-5777. A person who wants to offer spoken comments to the Commission concerning a proposed rule may do so during the public comment period at the Commission meeting when the Commission considers the proposed rule. Information concerning the time and location of Commission meetings is available at http://www.ethics.state.tx.us/tec/meetings.htm.

§ 12.35.  Frivolous Complaint.
Text of Proposed Rule

§ 26.1. Disclosure Statement.
Text of Proposed Rule

§ 34.77. Disclosure of Registration under Foreign Agents Registration Act.
Text of Proposed Rule

§ 50.1.  Legislative Per Diem.
Text of Proposed Rule

§ 12.35.  Frivolous Complaint.
Text of Proposed Rule

The deleted language is indicated by [strikethrough] text.

Chapter 12. SWORN COMPLAINTS.

12.35. Frivolous Complaint.

[(a) By a record vote of at least six commissioners, the commission may order a complainant to show cause why the commission should not determine that the complaint filed by the complainant is a frivolous complaint.]

[(b)] In deciding if a complaint is frivolous, the commission will be guided by the Texas Rules of Civil Procedure, Rule 13, and interpretations of that rule, and may also consider:

(1) the timing of the complaint with respect to when the facts supporting the alleged violation became known or should have become known to the complainant, and with respect to the date of any pending election in which the respondent is a candidate or is involved with a candidacy, if any;

(2) the nature and type of any publicity surrounding the filing of the complaint, and the degree of participation by the complainant in publicizing the fact that a complaint was filed with the commission;

(3) the existence and nature of any relationship between the respondent and the complainant before the complaint was filed;

(4) if respondent is a candidate for election to office, the existence and nature of any relationship between the complainant and any candidate or group opposing the respondent;

(5) any evidence that the complainant knew or reasonably should have known that the allegations in the complaint were groundless; and

(6) any evidence of the complainant’s motives in filing the complaint.

[(c) Notice of a show cause hearing must be given at least 10 business days before the date of the hearing. Notice shall be sent by registered or certified mail, restricted delivery, return receipt requested.

(d) Notice of an order to show cause shall include:

(1) an explanation of why the complaint appears to be frivolous; and

(2) the date, time, and place of the show cause hearing to be held under subsection (e) of this section.

(e) Before making a determination that a complaint is a frivolous complaint, the commission shall hold a hearing at which the complainant may be heard and may be represented by counsel retained by the complainant.]

§ 26.1.  Disclosure Statement.
Text of Proposed Rule

The proposed new language is indicated by underlined text.
The deleted language is indicated by [strikethrough] text.

Chapter 26. POLITICAL AND LEGISLATIVE ADVERTISING.

§26.1.  Disclosure Statement.

(a) A disclosure statement that is required by §255.001, Election Code, must contain the words "political advertising" or any recognizable abbreviation, and must:

(1) appear on one line of text or on successive lines of text on the face of the political advertising; or

(2) be clearly spoken in the political advertising if the political advertising does not include written text.

(b) A disclosure statement is not required on political advertising printed on letterhead stationery if the letterhead contains the full name of one of the following:

(1) the person who paid for the political advertising;

(2) the political committee authorizing the political advertising; or

(3) the candidate authorizing the political advertising.

(c) A disclosure statement is not required on: [on]

(1) campaign buttons, pins, or hats, or on objects whose size makes printing the disclosure impractical; [impractical.]

(2) political advertising posted or re-posted on an Internet website, as long as the person posting or re-posting the political advertising:

(A) is not an officeholder, candidate, or political committee; and

(B) did not make an expenditure exceeding $100 in a reporting period for political advertising beyond the basic cost of hardware messaging software and bandwidth;

(3)  the Internet social media profile webpage of a candidate or officeholder, provided the webpage clearly and conspicuously displays the full name of the candidate or  officeholder; or

(4) political advertising posted or re-posted by a person on an Internet website, provided the advertising is posted with a link to a publicly viewable Internet webpage that:

(A) contains the disclosure statement; or

(B) is exempt from containing the disclosure statement under Subsection (c)(3).

(d) For the purposes of subsection (c) of this section, an “Internet social media profile webpage” is an Internet webpage on a website where members of the public may, for no charge, connect electronically with other members of the public and share text, images, videos, and similar forms of communications.

§ 34.77.  Disclosure of Registration under Foreign Agents Registration Act.
Text of Proposed Rule

The proposed new language is indicated by underlined text.

Chapter 34. REGULATION OF LOBBYISTS

Subchapter C. COMPLETING THE REGISTRATION FORM.

§34.77. Disclosure of Registration under Foreign Agents Registration Act.

(a) The registration of any person who has also filed an active registration statement under the Foreign Agen­ts Registration Act of 1938, as amended (22 U.S.C. §611 et seq.), must include the registration number assigned to the registration statement by the United States Attorney General until the registration statement is terminated.

(b) This section is implemented upon funding by the legislature.

§ 50.1.  Legislative Per Diem.
Text of Proposed Rule

The proposed new language is indicated by underlined text.
The deleted language is indicated by [strikethrough] text.

Chapter 50. LEGISLATIVE SALARIES AND PER DIEM.

§50.1.  Legislative Per Diem.

(a) The legislative per diem is $221 [$190].  The per diem is intended to be paid to each member of the legislature and the lieutenant governor for each day during the regular session and for each day during any special session.

(b) If necessary, this rule shall be applied retroactively to ensure payment of the $221 [$190] per diem for 2019 [2015].